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Last Updated: 9th March 2022
GENERAL TERMS & CONDITIONS
The following words have the following meanings in these Terms & Conditions:
We, our, us are CLOAN Rental Ltd (a company registered in UK under company number 13851629 and have our registered office at Alderman Fenwick House, 100 Pilgrim Street, Newcastle upon Tyne NE1 6SQ).
Site is www.cloan.uk
You are a visitor to the Site.
Account means the account you create with us if you register with the Site.
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
Regulations means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
User means any person, firm or company using the Site for any purpose.
Please read these Terms & Conditions (“Terms”, “T&Cs”) carefully before using the Site.
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. These Terms apply each time you visit the Site, and we will assume that you have read them before you use the Site or the services we offer.
We reserve the right to make changes to these T&Cs at any point without notice. We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We recommend that you print a copy of these Terms for future reference.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site.
When you create an Account you promise that:
You will only have one Account with us;
All information you submit is accurate and truthful;
You will keep this information accurate and up-to-date;
You will not share your Account with anyone else;
You will keep your Account details confidential;
You will not give your username or password to anyone else;
You will log off when you exit the Site; and
Your username will not be offensive, suggest that you are someone else or that you represent a trade or brand name. We can change a username if we think it breaks this term.
We may close your Account if you break these Terms & Conditions or if there has been no activity on the Account for 12 months.
If any payment we send to your bank account is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep that payment to cover our costs and you will be entitled to nothing.
If you do anything which we think might be fraud, we may report those actions to the Police and the money standing to the credit of your account may be returned to any merchants involved or kept by us to cover the costs we are put to in dealing with your fraud.
If you have not authenticated your current email address with us and/or if it cannot accept service emails from us and/or you mark our emails as spam, abusive or junk then, and in any such event, we can terminate your Account.
These are the rental terms on which we supply products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, who we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
We are Esstil Giyim Anonim Şirketi, a company registered in Turkey under company number 747992 and have our registered office at Arnavutkoy Mah. Beyazgul Cad. No:60 Besiktas Istanbul Turkey.
To contact us, please email email@example.com.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
ACCEPTANCE OF CONTRACT
By placing an order on www.cloan.uk, you (the user) are agreeing to the rental terms contained herein. The user is liable for all fines payable under terms of this contract.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
If we cannot accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We only rent to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
DELIVERY OF PRODUCTS
The costs of delivery will be displayed to you on our website. Please note, you will be charged a delivery fee for every unique delivery date. If you have multiple items being delivered on the same date you will only be charged this fee once. We use Royal Mail to deliver our orders. Any delivery time or date given by CLOAN to the User is an estimate only. If the item is delivered late the user must accept delivery unless a non-delivery agreement is reached in advance between CLOAN and the user.
We are not responsible for delivery delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts we are unable to contact you or re-arrange delivery or collection we may end the contract.
RENTAL PERIOD AND LATE FEES
The rental period shall commence from when the User (or a third party nominated by the User) receives their item(s) and shall continue until the CLOAN Items are dropped off at a Royal Mail Post Office.
Where apparel has not been dropped off to a Royal Mail post office by the designated Rental Return Date then CLOAN are entitled to charge additional hire fees to the users credit/debit card which was provided at the time of the original rental.
If the User pays CLOAN an amount equal to the recommended retail value (as stated on the product page) in late fees and the user still has the item in their possession then the item(s) is the users to keep.
Late fees are charged according to the following structure:
A fee of £15 per day will be charged until the item is returned. If the item is not returned after 30 days the item will be classed as lost/stolen and you will be charged an additional £100 replacement fee.
The leased item is and will at all times remain the absolute property of CLOAN.
The User accepts full responsibility for the safekeeping of the apparel once the item has been signed for.
DAMAGES & THEFT
If the Apparel gets lost or damaged beyond repair:
the User is solely responsible for the apparel they have rented and is therefore liable for any damage or loss that occurs during the rental period.
Regardless of whether the User is personally responsible for the damage they remain liable for the replacement of this item because in signing for their delivery they agreed to take responsibility for the apparel.
In assessing the replaceable value, CLOAN will take into account: the demand for the dress, our ability to purchase a replacement, the condition of the dress, and the rental fee that the User has already paid.
ACCIDENTAL DAMAGE COVER
If you have taken out accidental damage cover on your item then you are covered for all repairable damages. Examples include, ripped seams, zip breaks and removable stains that require extra attention. Accidental damage cover does not cover damages where the dress must be replaced or written off entirely. In these instances customers are liable to pay the replacement dress costs. Damage assessment is at the discretion of the expert CLOAN Warehouse Team. In the rare case that the item needs to be replaced, customers are sent the damaged dress to keep once the replacement costs have been paid.
User cancellation: If the User cancels an order up to 14 days in advance of their chosen delivery date they are entitled to receive a full refund. Orders cancelled with less than 3 weeks notice are still liable to pay the rental fee, however the delivery fee will be refunded and the User will receive rental credit. If a User cancels their order within 6 hours of placing that order, then they are also eligible to receive a full refund, unless the order has already been dispatched. To cancel an order, the User must give written notice to: firstname.lastname@example.org.
CLOAN cancellation: In certain circumstances we may need to cancel an order before it has been dispatched to the user. Said circumstances can include: if the apparel ordered has not been returned/or has been returned damaged by a previous customer, or if the User in question has given us cause to be concerned about their suitability to receive future rentals (e.g. frequent late returns, theft or damaged items.)
IF THERE IS A PROBLEM WITH THE PRODUCT
If you have any questions or complaints about the product, please contact us. You can write to use at email@example.com.
If you wish to exercise your legal rights to reject products you must post them back to us. We offer an exchange service for all of our rentals. To exchange a product you must ensure that the apparel is dropped off in the pre-paid packaging with the returns label attached at a Royal Mail post office within 48 hours of receipt.
Once you have selected the outfit you would like to exchange your original item for (please ensure it is available for your event date) – please email firstname.lastname@example.org and we will ensure your exchange is posted to you at the earliest opportunity. Please note, that we will charge/refund you the difference in costs for two exchanged items and that a delivery fee will apply to your exchanged item.
If an item is unsuitable, please return it to the post office before or on the last day of your rental period and email email@example.com to let us know you returning an item unworn. We offer rental credit for one unworn item per order - the rental credit will amount to how much you paid for that item and will not include the £3 rental fee. You will not receive a monetary refund for unworn items.
PRICE AND PAYMENT
The price of the rental will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct.
It is always possible that, despite our reasonable efforts, some of the products we rent may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
We use Stripe to process our payments and therefore accept almost all major credit and debit cards. You must pay for the products at the point of reservation.
By using Stripe as a payment method, you authorise Stripe to store your card details in case we need to recharge a card for associated fees, e.g. late fines.
Any items purchased through our website are not eligible for a return, refund or exchange.
HOW WE MAY USE PERSONAL INFORMATION
You acknowledge that:
the images on the Site are of the actual Garment fitted to a model or mannequin and that the Garment may not fit you in the same way;
the images which you see on your screen will differ from those we upload in terms of colour and definition and that we do not guarantee that the colours you see will match the actual garment;
the sizing we show on the Site reflects the sizing we have been given by the manufacturer of the Garment;
you will examine and try on the Garment immediately following its delivery and tell us without delay if it is suffering from any damage, does not fit or is in any way short of the description we have supplied on the Site;
we will make charges for repairs or cleaning, as specified below, unless you tell us before you use the Garment of any issues present when it was delivered;
the value of the Garment is that we have advised on the Site;
you must follow all and any instructions we provide with the Garment both for its use and packing; and
that you will use the Garment in a proper manner and treat it with the same respect you would apply if you had borrowed it from a close friend.
You agree that you will:
not alter or add to the Garment in any way and
not clean or attempt to clean the Garment in any way.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of breaking this contract, this will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in English courts.